Desert Mountain Charter SELPA Policies and Procedures

Policy – Category 5000 (Students) BP 5006 – Behavioral Interventions and Supports for Students with Disabilities

3.4

Manifestation Determination Requirements The IEP team must consider the following: 1. Evaluation/diagnostic results; 2. Observations; 3. IEP placement/data; 4. Other information in the child’s IEP file; AND 5. The IEP team must determine the answers to the following two questions: a. Were the services, goals, strategies, and placements identified in the IEP appropriate, with all necessary behavioral supports and related services being implemented at the time of the behavioral incident? and b. Was the behavior caused by or did it have a direct and substantial relationship to the child’s disability? There is NO relationship between the child’s action(s) and his/her disability (No Manifestation). 1. The IEP team considered all of the items listed above; AND 2. The IEP team determined that the answer to question (a) and (b) above is “YES.” ACTION: 1. The child is subject to the same discipline as used for nondisabled students; 2. FAPE must continue to be provided (special education services); and 3. If the parent disagrees with the school’s determination, an expedited due process hearing must be arranged and the child remains in the Interim Alternative Educational Setting (IAES) during hearing unless: a. 45 days in an IAES expire; or b. The parent and school agree on another setting. There IS a relationship between the child’s action(s) and his/her disability.

BP 5006 – Behavioral Interventions and Supports for Students with Disabilities Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)

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